How ironic that just days before our nation’s celebration of Independence Day, the Supreme Court declared that the president cannot be prosecuted for crimes he commits in performing “official duties” while in office. Unofficial activities yes, but “official duties,” no.
Do we believe that the patriots who fought and died to win independence from the king of England, a ruler they deemed “tyrannical,” would have welcomed the delegation of such absolute authority to an American leader by a future generation? And did the authors of our Constitution really intend that a president could violate—without legal consequence—the very rights that document promises every citizen of the United States?
One need not be a scholar to understand the sentiments animating the 1776 Declaration of Independence that we celebrate this week. “The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States,” it declares. And among the abuses of which King George III is accused are many that one can imagine an unconstrained chief executive might attempt, freed of the risk of future prosecution. At the Constitutional Convention, Patrick Henry, aligning with the similar concerns of James Madison, warned that the framers risked giving too much authority to the president. “Your President may easily become a king,” he said.
It will take time for the consequences of the Supreme Court’s ruling to play out in the lower federal courts and for us to learn whether concern for its consequences is alarmist or justified. But as we gather this week to celebrate our country’s founding, we should remember the sacrifices of those who won our independence and the rights we hold dear. They knew all about unchecked authority and risked their lives, their fortunes, and their “sacred honor” to rid the country of its oppression. We should not be eager to acquiesce in its return.